Choosing a gestational carrier is a significant decision that requires careful planning and legal considerations. Intended parents must follow specific guidelines to ensure a smooth and legally protected process.
Understanding the key steps can help you make informed choices along the way.
Understanding eligibility requirements
A gestational carrier must meet certain health and legal criteria before proceeding. In California, surrogates typically undergo medical screenings to confirm they are physically able to carry a pregnancy. They must have previously given birth without complications and be in good overall health. Psychological evaluations also assess emotional readiness for the process.
Matching with a gestational carrier
Intended parents can find a carrier through an agency or independent search. Agencies conduct background checks and medical evaluations and ensure the surrogate meets legal requirements.
If selecting an independent carrier, legal professionals should review agreements to confirm compliance with California’s surrogacy laws. Compatibility between the intended parents and the carrier is important for a smooth relationship throughout the process.
Establishing a legal contract
California law requires a surrogacy contract before medical procedures begin. This contract outlines compensation, medical decisions, parental rights, and responsibilities for both parties. To ensure fairness, each party must have separate legal representation. The agreement is filed with the court to establish the intended parents’ legal rights.
Medical and pregnancy process
Once the contract is finalized, the medical process begins. The carrier undergoes embryo transfer using in vitro fertilization (IVF). Regular medical checkups ensure a healthy pregnancy. Throughout the process, communication between the intended parents and the carrier helps maintain clear expectations and support.
Finalizing parental rights
California law allows intended parents to establish legal parentage before birth. The court issues a pre-birth order, naming the Intended Parents as the parents of the child and ensuring their names appear on the birth certificate. This legal step provides security and peace of mind for both the parents and the gestational carrier.